DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Metropolitan Cemeteries Trust T/A Catholic Cemeteries & Crematoria
(AG2020/3856)

CATHOLIC METROPOLITAN CEMETERIES TRUST MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT

Cemetery operations
COMMISSIONER JOHNS	SYDNEY, 19 JANUARY 2021

Application for approval of the Catholic Metropolitan Cemeteries Trust Maintenance Employees Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Catholic Metropolitan Cemeteries Trust Maintenance Employees Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catholic Metropolitan Cemeteries Trust T/A Catholic Cemeteries & Crematoria. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2021. The nominal expiry date of the Agreement is 18 January 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Catholic Metropolitan Cemeteries Trust, trading as Catholic Cemeteries and Crematoria, applied for the approval of their Maintenance Employees Enterprise Agreement. The application was heard in the Fair Work Commission, where the dispute was over whether the agreement met the requirements of the Fair Work Act 2009. The applicants argued that the agreement was fair and appropriate, while the respondents contended that it did not adequately protect the rights and interests of the employees.

The central legal issues before the court were whether the agreement provided for the proper protection of the employees' rights and interests, and whether it complied with the relevant provisions of the Fair Work Act. The court had to examine the provisions of the agreement in the context of the employees' employment conditions, including their pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The court also considered the evidence and submissions from both parties, including the views of the employees' representatives and the employer.

The court found that the agreement provided for the proper protection of the employees' rights and interests, and that it complied with the relevant provisions of the Fair Work Act. The court noted that the agreement provided for a fair and reasonable pay structure, adequate leave entitlements, and effective dispute resolution mechanisms. The court also found that the agreement did not unfairly disadvantage any of the employees, and that it was in the best interests of the employer and the employees. The court approved the agreement, and it will now become a legally binding enterprise agreement between the Catholic Metropolitan Cemeteries Trust and its maintenance employees.

The court's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The court found that the agreement was fair and appropriate, and that it met the requirements of the Fair Work Act. The court approved the agreement, and it will now be in effect as a binding enterprise agreement.

Catholic Metropolitan Cemeteries Trust T/A Catholic Cemeteries & Crematoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established